Terms & Conditions
Terms and Conditions
These Terms and Conditions exist between MultiPRO Limited (TGIS) and the person or persons who use our services (you). Please read this document carefully to ensure you understand our terms before purchasing any of our products or services.
NOTE: When registering an account or signing up for a service with TGIS, you’ll be specifically agreeing to our ‘Terms of Service’ as set out below and these Terms Of Service will become a binding Agreement between you and TGIS.
All prices are exclusive of VAT if ordered within the United Kingdom. Please contact us if you have an EU VAT registration number or are outside of the EU.
Where the context states: “We” & “Us” this includes MultiPRO Limited, trading as Thames Global Internet Services (TGIS) – of: 1 Blomfield Dale, BINFIELD, Berkshire, RG42 1FY, United Kingdom or any party acting on TGIS’ implicit instructions. “You” includes the person purchasing the Services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” the relevant domain names Registry. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Web Site or website” means the area on the Server allocated by us to you for use by you as a site on the Internet.
The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after the period of the commercial relationship between you and us.
Billing and Payments
All of our shared web hosting packages carry a 30 day money-back guarantee. If you are not 100% satisfied for any reason at all then please let us know within the first 30 day service period. If we can’t help, we’ll issue you a full hosting refund. Please note that Virtual Private Server orders, dedicated server orders, and any domain costs are not refundable.
All TGIS services have a minimum of one month cancellation notice.
All Invoices are sent to you using Email. When invoices are Emailed to you, they are assumed to have been received and read by you. All services must be paid in advance of their due date, which is usually also the beginning of your next service period. New services are invoiced immediately and are not activated until the first payment is received. Initial Payments must be paid online using the TGIS website and the “tick box” to acknowledge your acceptance of these Terms of Service must be checked before any order will be processed.
Invoices are generated 30 days before the beginning of each service period, with the exception of invoices for new services as mentioned above. The “due date” on each invoice is the beginning of your next service period. We expect that each invoice is paid on or before the “due date” on the invoice, failing which we reserve the right to suspend or terminate the service(s) we supply to you until such time as the invoice(s) is/are paid.
If we suspend any service provided to you because of non-payment, you will be charged and you agree to pay a re-activation fee on each service suspended. This fee shall be a minimum of £20 (twenty Pounds Sterling) plus VAT per service suspended and must be paid by card or bank transfer before the service(s) are re-activated.
We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with
written notice of the change. Notices are sent via Email to the Email address that we hold for you in your account. All notices are presumed to have been read once sent to you.
By accepting these Terms of Service you warrant that you are authorised to place orders and accept these Terms of Service on behalf of the company or business concerned and that you specifically agree to these Terms of Service.
You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these Terms of Service and you each agree that you are jointly and severally liable for any payment(s) due. You hereby specifically agree to personally compensate us in the event that the cardholder or issuer declines any transaction for payment. You also agree that should this happen, you will cover any costs we incur to recover the outstanding amount due on the account, including but not limited to any collection agency fees, bank interest charges or legal costs.
If you attempt a chargeback once you have paid for a service, whether payment is made using cheque, card or electronic transfer to our bank account, or if you dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended until such time as the chargeback or query has been fully reversed in our favour. Should you for any reason not pay for the minimum period of service (30 days) we have provided to you, you agree you will cover any costs we incur to recover the outstanding amount due on the account, including but not limited to any collection agency fees, bank interest charges or legal costs.
Setup fees for all services are non-refundable.
All broadband and Internet Connectivity Services are payable before the start of each service period. Any broadband or Internet Connectivity service not paid by due date may be suspended without notice.
All broadband and Internet Connectivity services carry minimum service contract periods. You agree to pay any fees or charges which may become due upon cancellation or migration of the service. Should you use additional bandwidth you agree to pay the charges which accrue for same.
Domain Registration and Renewals
1.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume the successful registration of your requested domain name(s) until you have been notified by us that it has or they have been registered. Any action taken by you before such notification is at your own risk.
1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them. The relevant registry documents are available from this link: 3rd Party Domain Terms
1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk.
1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.7 Domain registrations are payable in advance of the initial registration of each domain you want to register with TGIS. Once the registration fee is paid, and if the domain is still available for registration when the fee has been paid, the domain will be registered for you.
1.8 If you order a domain online and for any reason the domain is taken by the time our process registers the domain for you, we will refund in full the registration fee.
1.9 If the domain is taken by the time we attempt to register it, you agree not to hold us liable for any costs or damages other than the cost of the registration. We will always use our best endeavours to register domains for you but due to the volatile nature of the market, there is always the possibility that the domain is taken before we register it for you.
2.0 Domain renewals are payable in advance of the renewal date should you wish to retain the domain for another period. You will receive reminders from TGIS via Email to let you know that your domain(s) are expiring. From 30 days before the domain expires, we will generate and send you (via Email) an invoice automatically. If you do not pay the renewal invoice before the expiry date of the domain(s) then the domain(s) will expire. When the domain expires or is suspended by the registry, all services working on the domain will cease.
2.1 If possible, we can try and retrieve a suspended or expired domain for you. The redemption price varies depending on the extension (.co.uk, .org, .com, etc.) so you will need to communicate with TGIS support staff and, once you have the details, you should pay the fee required to redeem the domain, at which time TGIS will attempt to do this for you. You agree not to hold us liable for any costs or damages other than the cost of the redemption fee. We will always use our best endeavours to redeem domains for you but due to the volatile nature of the market, there is always the possibility that the redemption fails.
Abuse of TGIS Services
TGIS will not allow or tolerate abuse of the services we provide to you. Any attempt to undermine or cause harm to a server or customer of TGIS is strictly prohibited.
TGIS will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorisation. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorised use of accounts or computers by you, whether or not the attacked account or computer belongs to TGIS or a third party, will result in action against you. Possible actions include written warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – TGIS has the right to discontinue service, or deny access to anyone who violates our policies or these Terms and Conditions WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if your account is terminated because of any violation of these Terms and Conditions.
You may not run IRC, bots or clients on our servers unless you have written agreement from us. Unacceptable uses also include, but are not limited to: Bulk Email, unsolicited Email, newsgroup spamming, upload scripts (Rappidleach for example), pornographic material, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from these sites), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by TGIS to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down without notice. You are responsible for and should evaluate your web-based applications and scripts on a regular basis to ensure they are secure and current.
Shared hosting accounts may also be terminated if they include the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material; displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including keys, serial or registration numbers for software programs, or any type of cracker utilities.
Cancellation / Termination
Under no circumstances will we tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate any hosting agreement or account with immediate effect.
Should you, during the course of any telephone conversation, Email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that you may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by Email or support ticket or by registered letter to our registered address.
Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate any hosting agreement, provision of service or account. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.
Termination of this agreement does not affect your pre-existing liability if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.
In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.
Setup fees are non-refundable. Any disputes should be expressed in by Email or support ticket or by registered letter to our registered address.
Change of Details
We have the right to change any username or password allocated to you for the purpose of essential network maintenance, enhancement, modernisation or other work deemed necessary to the operation of our business and to the services we provide to you.
Similarly, we have the right to alter, change or copy any server or web hosting service we provide to you onto one with like-for-like features, as long as reasonable notice is given and there is the minimum of disruption to the service.
Unsolicited commercial advertisements or Email (“SPAM”) is not allowed to be sent via or over our network or services and could result in account cancelation. TGIS has a zero-tolerance approach to SPAM originating from its servers or domains hosted by TGIS. If it is found that you are sending unsolicited Email, your account may be terminated. If such Email results in TGIS’ Email servers being blacklisted, you may be liable to pay any damages or costs caused to TGIS due to such SPAM.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures. Such messages may only be sent to those who have explicitly requested it from your domain. If we receive complaints from the public that you are sending them Email they have not expressly requested you send them, your account may be terminated without notice.
Forging, altering or removing electronic mail headers is illegal and any account found doing this will be terminated without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups; See the newsgroup or mailing list’s charter to confirm whether advertising is allowed or not before sending mail to these groups. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks you to stop sending them Email you must immediately comply with their request. If we discover that you have continued to send Email to someone who has specifically requested that you cease doing so, your account will be terminated without refund.
NOTE – If you use the services of another provider to promote a website hosted by or through TGIS (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Technical Support Boundaries
TGIS will provide technical support for you for any service we provide to you. The support will only be given for specific product help and problem solving and will only encompass our area of expertise. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, VPS and dedicated servers within our immediate responsibility and any other hosting related issue. If you need help setting up your Email we will send you all account and password details you’ll need to set up your computer and or any Email related programme you are running on the computer. However, we are not able to talk you through setting up your computer programme, your computer, laptop, mobile phone or any other hardware other than hardware you have specifically purchased from TGIS. An example would be that we provide a reliable Email delivery service but the actual setup of your computer is something you need to get your IT Support person to do as it is beyond the boundaries of TGIS’ support.
We will do our best to help with scripts, templates and programming languages for servers you may rent from TGIS. However, TGIS is not obligated to help you with the installation of new application modules, programmes, templates and/or programming languages, nor are we obligated to provide assistance for any errors produced by any application you may be running on your computer. If at any time you request TGIS’ help with anything that falls outside the boundaries of the product you purchase from TGIS and we agree to help you, then TGIS reserves the right to charge you for such support at a rate not exceeding £80 (eighty Pounds Sterling) per hour or part thereof.
Each shared web hosting account comes with its own CGI-BIN. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal shared server operation without prior notice.
Limitation of Damages
Neither TGIS nor you shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with this Agreement, even if either party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the Agreement to the contrary, the maximum aggregate liability of TGIS and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for three months service period.
Request For Customer Information
You agree that TGIS may, without notice to you,
(i) report to the appropriate authorities any conduct by you or any of TGIS’ customers or end users that TGIS believes violates applicable law, and
(ii) provide any information that it has about you or any of TGIS’ customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on face value meets the requirements for such a request.
Customer agrees to indemnify and hold harmless TGIS, TGIS′ affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the Acceptable Use Policy by Customer or any person using Customer’s log on information, regardless of whether such person has been authorised to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS TGIS AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH TGIS’ SERVICES.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER BY TGIS.
Disclaimer of Warranties
TGIS does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law TGIS disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
Suspension of Services/Termination
You agree that TGIS may suspend or terminate services to you without notice and without liability if:
(1) TGIS reasonably believes that the services are being used in violation of the AUP;
(2) You fail to co-operate with any reasonable investigation of any suspected violation of the AUP;
(3) TGIS reasonably believes that the suspension of your service is necessary to protect its network or its other customers, or
(4) as requested by a law enforcement or regulatory agency.
The Agreement may be terminated by you prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if TGIS fails in a material way to provide the service in accordance with the Terms of this Agreement and does not cure the failure within ten (10) days of your written notice describing the failure in reasonable detail.
The Agreement may be terminated by TGIS prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:
(1) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement;
(2) You materially violates any other provision of the Agreement, including the AUP, and fail to cure the violation within thirty (30) days of a written notice from TGIS describing the violation in reasonable detail;
(3) upon one (1) days notice if your service is used in violation of a material term of the AUP more than once, or (4) upon one (1) days notice if you violate the Section “Customer Information” of this Agreement.
Either party may terminate this agreement by giving five (5) days notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we reserve the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you first. However, in extreme cases such as an account containing child pornography we reserve the right to cancel services without any prior warning. We do not refund any monies paid by any account holders (you) breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month.
Back Up Copy
You agree to maintain your own current copy of all your content and data hosted by TGIS, notwithstanding any agreement by TGIS to provide back up services. TGIS’ Backup Service is offered to you on a best endeavours basis. This means that although TGIS is making every effort to ensure your data is being regularly backed up, and that although this service is usually reliable, you agree not to hold TGIS liable for any data or monetary loss caused by a failure of the TGIS backup service.
Request For Restore Of Hosting Package
During any service term, you may request up to three free restores of your shared hosting for any reason. If you should need to request a restore after this and if the reason for the restore is something you have done to cause your hosted service to fail, a £15 fee per restore will be levied. If the need for the restore is due to something done by TGIS, then the restore fee shall not be levied.
Changes To TGIS’ Network
Upgrades and other changes to the TGIS network, including but not limited to changes in its software, hardware, and service providers, may affect the display or operation of your hosted content and/or applications. TGIS reserves the right to change its network in its commercially reasonable discretion, and TGIS shall not be liable for any resultant harm to Customer.
Notices to TGIS under this Agreement shall be given via electronic mail to the “firstname.lastname@example.org” Email address. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order and/or contained within your customer account on our systems. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Your may change your official address by a notice given in accordance with this Section.
TGIS shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond TGIS’ control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).